Terms of Use

Last updated: 24/01/2019

This colored writing throughout this document is aimed at providing you with a plain English summary of our Platform Terms of Use. Please make sure you also read the regular text around it, as the plain English summary is just a summary and does not capture all of the Terms of Use.

Thank you for using the HealthMatch clinical trial matching platform (the HM Platform). The HM Platform is owned and operated by HealthMatch Pty Ltd (ABN 77 618 446 905) (HealthMatch,we, us or our). These Platform Terms of Use set out the terms and conditions under which you (you or your) may use and access the HM Platform and related services (Terms). These Terms include our Privacy Policy (available at https://healthmatch.io/privacy), which is incorporated into these Terms by reference.

Thanks for using our Platform. Your use of our clinical matching service is subject to these terms. These terms include our privacy policy.

1. General

1.1

Please read these Terms carefully. These Terms, if accepted by you in accordance with clause 3.1, will constitute a binding agreement between you and HealthMatch.

This is a contract. Make sure you read it carefully.

2. Clinical Trials

2.1

To the maximum extent permitted by Law, including the Australian Consumer Law:

(a) you acknowledge and agree that the HM Platform does not provide an exhaustive list of clinical trials that may be relevant to you, and HealthMatch makes no representations or warranties with respect to the completeness of the list(s) of trials of which you are made aware or matched with through using the HM Platform; and

We're not a one-stop-shop. While we're constantly working to include as many trials as possible on our Platform, we don't guarantee that we have all of them or that you'll be matched with all the trials potentially relevant to you.

(b) you acknowledge and agree that the HM Platform, and any content, data or materials (including any text, graphics, logos, audio and software) made available to you on or via the HM Platform (HM Platform Content), do not constitute professional medical or healthcare advice, diagnosis or recommendation of treatment and are not intended to, nor should be used to, replace, or be relied upon without, professional medical advice;

The information available on our Platform is not medical advice. You should always check with your doctor about participating in a clinical trial.

(c) HealthMatch makes no representations or warranties with respect to any treatment, action, suitability or application of medication or preparation by any person in respect of a clinical trial, whether in accordance with the HM Platform or not. In no circumstances will HealthMatch be liable for any direct, indirect, consequential, special, exemplary or other damages arising from your participation in a trial.

Our role is to match you with relevant clinical trials. We do not provide clinical trials ourselves. So far as the law allows, we are not responsible for any loss that you suffer as a result of participating in a clinical trial.

3. These Terms

3.1

By clicking "I agree" or by accessing and/or using the HM Platform and related services, you agree to be bound by these Terms (which include our Privacy Policy).If you do not agree to these Terms, you may not access or use the HM Platform or HM Platform Content or any related services and you must immediately cease accessing and using the HM Platform, HM Platform Content and related services. We recommend that you save a local copy of these Terms for your own records.

By clicking "I agree" or using the Platform, you are entering into a contract with us. We may update these terms, so you should make sure you check them regularly. You can only use the Platform if you are 18 years of age, are fully able to form binding contracts, and agree to act in accordance with these terms

3.2

HealthMatch may, in its sole discretion, update, modify or replace any or all of these Terms from time to time by posting an updated version at this URL. You are responsible for checking the HM Platform for changes to these Terms. Your continued use of, or access to, the HM Platform following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to any update to these Terms you must immediately cease using and accessing the HM Platform, HM Platform Content and related services.

3.3

You may access and use the HM Platform and the HM Platform Content only as permitted by these Terms.

3.4

In order to access and use the HM Platform and HM Platform Content, you must:

(a) be at least 18 years of age;

(b) possess the legal right and ability to enter into a legally binding agreement with us;

(c) agree and warrant to use the HM Platform and HM Platform Content in accordance with these Terms; and

(d) be a registered User.

4. Grant of licence

4.1

HealthMatch grants to you for the Term a non-exclusive, non-transferable, non-sub-licensable licence to use and access the HM Platform and the HM Platform Content in accordance with these Terms and solely for your legitimate personal purposes (which excludes seeking to commercialise the HM Platform or HM Platform Content, or distributing them other than in accordance with these Terms)

We grant you a licence to use our Platform and its content for specific purposes in accordance with these terms.

4.2

If you wish to use the HM Platform or HM Platform Content for any other purpose, you must seek the consent of HealthMatch. If such consent is granted, you may be required to enter into a separate agreement.

5. Term and termination

You will be bound by these terms when you click 'I agree' or use the Platform. You can stop using the Platform and cancel this contract at any time. We can cancel this contract if you breach the terms and in certain other situations. If the contract is cancelled, you will still need to abide by some of the provisions.

5.1

These Terms commence when you agree to them (either by clicking 'I agree' or when you first access and/or use the HM Platform and related services) and will continue in full force and effect until terminated in accordance with the remainder of this clause 5 (the Term).

5.2

You can terminate these Terms at any time by notifying us of your intention to terminate by emailing us at support@healthmatch.io.

5.3

HealthMatch may terminate these Terms at any time by providing 30 days' prior written notice of our intention to terminate to the email address linked to your HM Platform account, or by any other lawful means which ensures that you will be able to take notice of the cancellation.

5.4

If:

(a) you breach any term of these Terms; or

(b) you have clearly demonstrated (regardless of whether directly or through your actions or statements or otherwise) that you do not intend to comply with these Terms,

HealthMatch may immediately (without notice to you):

(c) terminate these Terms or suspend your access to the HM Platform; and/or

(d) prevent your further access to the HM Platform.

5.5

HealthMatch may terminate these Terms upon reasonable notice if practicable, if:

(a) HealthMatch is required by any applicable Law or Governmental Agency to terminate access to all or any part of the HM Platform or HM Platform Content; or

(b) HealthMatch or any supplier or business partner of HealthMatch providing any related services or any HM Platform Content decides to terminate access to all or any part of the related services, HM Platform or HM Platform Content, including where HealthMatch or any supplier or business partner of HealthMatch are of the opinion that the provision of any such services or HM Platform Content or parts thereof are no longer commercially feasible.

5.6

Upon termination, you shall cease all use of the HM Platform and HM Platform Content, and HealthMatch reserves the right to delete your account and all data provided by or about you.

5.7

Without limiting any other provision of these Terms, clauses 5.6, 5.7, 9 (Intellectual Property Rights), 7 (Commissions received from third parties), 10 (Registration and login credentials), 11 (Your data and privacy), 12 (Confidentiality), 13 (Updates and enhancements), 16 (Indemnity and liability), 21 (Definitions), and 22 (Interpretation) and any other clauses which should by their nature survive termination of these Terms, survive termination or expiration of these Terms for any reason whatsoever.

6. Conditions of access and acceptable use

6.1

The HM Platform is for your personal, non-commercial use only. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within the HM Platform or HM Platform Content. You must not use the HM Platform, or any HM Platform Content, to further any commercial purpose, including any advertising or advertising revenue generation activity.

You can only use the Platform for your personal use, and you can't change or interfere with the Platform. If you upload information or content to the Platform, it can't be offensive, unlawful, defamatory or otherwise harmful. You should also make sure you get consent before uploading another person's personal information (such as contact details or health information).

6.2

(a) access or use the whole or any part of the HM Platform or HM Platform Content, except as expressly authorised by these Terms, or otherwise with the prior written consent of HealthMatch;

(b) subject to clause 1.1, copy or replicate, or directly or indirectly allow or cause a third party to copy or replicate, the whole or part of any of the HM Platform or HM Platform Content;

(c) remove or obscure any proprietary notice (including any copyright, trade mark, service mark or tagline) or other notices contained in the HM Platform or HM Platform Content;

(d) circumvent any mechanisms in the HM Platform intended to limit your use of or access to areas within or components of the HM Platform;

(e) vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer, or otherwise seek to obtain or derive the source code from, or directly or indirectly allow or cause a third party to vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer or obtain or derive the source code from, the whole or any part of the HM Platform, except as permitted by Law;

(f) publicly disseminate information regarding the performance of the HM Platform or HM Platform Content; or

(g) use any data mining, gathering or extraction tools in connection with the HM Platform or HM Platform Content, without HealthMatch's prior written consent.

6.3

You must not access or use the HM Platform or HM Platform Content, or post, provide or transmit any data or content in any way that:

(a) violates or infringes the rights of HealthMatch or others including, without limitation, any Intellectual Property Rights;

(b) is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another's privacy or constitutes a breach of any other of the legal rights of individuals;

(c) impersonates any person, business or entity, including HealthMatch, or the employees, agents or partners of HealthMatch;

(d) includes personal or identifying information about another person without that person's consent;

(e) is false, misleading, or deceptive;

(f) violates these Terms or any policy posted on the HM Platform or as part of the HM Platform Content;

(g) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or other property, or otherwise permit the unauthorised use of a computer or computer network;

(h) is detrimental to or in violation of HealthMatch's systems, or a third party's systems or network security;

(i) interferes with the use of the HM Platform or HM Platform Content by others;

(j) could damage, disable or impair the servers or networks used by the HM Platform or its Users; or

(k) advertises products or services.

6.4

If we allow you to post any information to the HM Platform, we have the right to take down this information at our sole discretion and without notice.

7. Commissions received from third parties

Some Trial Providers pay us when we successfully match you with a clinical trial based on the information you provide to us.

7.1

You acknowledge and agree that HealthMatch may receive payments from Trial Providers that you are matched with through your use of the HM Platform.

8. Information

Our Platform contains lots of information that isn't tailored to you. You should make sure that information is appropriate for you before you act on it.

8.1

Any information made available on the HM Platform, including any recommendations, statements and opinions contained on the HM Platform whether published by us or any other user (Information), is for general information purposes only. The Information does not take into account your specific circumstances and any reliance you place on the Information is at your own risk.

8.2

(a) consider whether it is appropriate for your personal circumstances;

(b) carry out your own research; and

(c) seek professional advice where necessary.

9. Intellectual Property Rights

We own the Platform and all the content on it. If you give us feedback on any part of the Platform, you agree that we own all rights in that feedback and any improvements we make to the Platform based on your feedback.

9.1

Unless otherwise indicated, HealthMatch owns or licenses from third parties all rights, title and interest (including Intellectual Property Rights) in the HM Platform and HM Platform Content, including in any improvements to the HM Platform or the HM Platform Content, and including as they may incorporate any suggestions, ideas, information, comments, process descriptions or other information that you provide to us from time to time (Feedback)

9.2

Your use of and access to the HM Platform and HM Platform Content does not grant or transfer any rights, title or interest to you in relation to the HM Platform or the HM Platform Content. However we do grant you a licence to access the HM Platform and view the HM Platform Content in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

9.3

You may from time to time provide us with Feedback. You absolutely and unconditionally assign to HealthMatch all rights, title and interests (including all Intellectual Property Rights) in and to any Feedback immediately upon creation, free of all encumbrances and third party rights and you must at your own cost do all things necessary to give effect to such assignment, including executing any required documents or effecting any required registrations.

9.4

You acknowledge and agree that without limiting clause 11, HealthMatch will have the right to use, create derivative works of, distribute and otherwise commercially exploit anonymous, aggregate usage data derived from any data about you or that you disclose to us in connection with the HM Platform

10. Registration and login credentials

10.1

In the course of registering as a User, you will be prompted to select login credentials for use in accessing the HM Platform.

10.2

You must keep your login credentials (including your username and password) secure and you must not share them with any other person or allow any third party to use your login credentials to log in to the HM Platform. HealthMatch will not be liable for any Loss arising out of or in connection with your failure to maintain the security of your login credentials. You are fully responsible for all activities carried out under or using your login credentials (whether or not authorised by you). You must immediately notify HealthMatch of any unauthorised use of your login credentials or any other breaches of security. To the extent permitted by Law, including the Australian Consumer Law, HealthMatch and its contractors, suppliers, licensors, partners and employees will not be liable for any acts and omissions undertaken by or on behalf of you, including any damages of any kind arising from such acts or omissions.

You need to create an account to use the Platform. Make sure that you keep your login secure, because you are responsible for any activity on your account.

11. Your data and privacy

11.1

HealthMatch collects personal information, including sensitive health information, about you for the purposes set out in our Privacy Policy available here. HealthMatch will handle your personal information in accordance with these Terms and our Privacy Policy. Our Privacy Policy provides information on how we manage your personal information, including what personal information we collect and how and why we collect this information. By providing your personal information to us (including through your use of the HM Platform), you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms.

Remember we mentioned a Privacy Policy? You should take a read. It explains how we collect, use and disclose your personal information (things like your name, email address and medical history).

11.2

You acknowledge and agree that HealthMatch may collect your sensitive personal information, including without limitation certain health information for the purposes of matching you with clinical trials via the HM Platform and generating de-identified data for health-related research and advocacy purposes as detailed in our Privacy Policy.

11.3

You acknowledge that making available carefully selected products and services on or via the HM Platform for you to view and potentially acquire is an integral part of our service and the HM Platform. You consent to HealthMatch making such products and services available to you in this way and you acknowledge that HealthMatch may use and disclose your personal information to offer you products and services made available on or via the HM Platform that HealthMatch believes may interest you.

Sometimes we might display links to our partners' websites or services (these might be links to clinical trials or not-for-profit research and advocacy organisations). Let us know if you don't want to receive updates from us by emailing support@healthmatch.io.

11.4

The HM Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage you to read them before using those websites.

11.5

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at:

HealthMatch L4
10-14 Waterloo Street
Surry Hills, NSW
Australia
support@healthmatch.io

If you have any questions or concerns about your privacy, feel free to get in touch. We're happy to chat.

11.6

During the Term, HealthMatch may disclose User Data to a Trial Provider with your consent from time to time.

11.7

You acknowledge that following the provision of such User Data to a Trial Provider, HealthMatch will not have control over any data that has been provided to the Trial Provider and you agree that any request made by or on behalf of you to access such data (including, without limitation, under Australian Privacy Principle 12) should be made to that Trial Provider directly and not to HealthMatch.

Once you give us permission to provide your personal information to a clinical trial provider that you've matched with, we can't control that information. If you have questions about it or want to access it, you'll need to ask the trial provider.

12. Confidentiality

12.1 Confidential Information

Subject to clause 12.2, you must not disclose, or use for a purpose other than as contemplated by these Terms, any Confidential Information of HealthMatch.

You can't use or disclose our confidential stuff if you come across this when you're using the Platform. Check the definitions section below so you understand what we're talking about.

12.2 Permitted disclosure

You may only disclose Confidential Information of HealthMatch:

(a) to HealthMatch;

(b) in enforcing these Terms or in a proceeding arising out of or in connection with these Terms;

(c) if required under a binding order of a Governmental Agency or under a procedure for discovery in any proceedings;

(d) if required under any Law or any administrative guideline, directive, request or policy whether or not having the force of Law;

(e) as required or permitted by these Terms;

(f) to your legal advisers, insurers and consultants; or

(g) with the prior written consent of HealthMatch.

13. Updates and enhancements

13.1

HealthMatch may (but is not required to):

(a) provide standard or progressive updates, changes or amendments to the HM Platform as HealthMatch sees fit to ensure proper operation and interaction of all parts of the HM Platform and any general enhancements that may be introduced; and

(b) offer new services and features for the HM Platform, which will be subject to these Terms.

We might update the Platform sometimes. If we do, these terms will apply to any changes or new services.

14. Third parties

14.1

Third party content (including links to third party websites) may be accessible via the HM Platform. You acknowledge that HealthMatch has no control over any such third party content, and to the extent permitted by law, including the Australian Consumer Law if applicable) are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such third party applications and content. HealthMatch does not have control over all other users of the HM Platform and is not liable for their opinions or behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

When you're using the Platform, you might come across information or content that isn't ours. We're not responsible for that material.

15. Warranties and disclaimers

15.1

To the maximum extent permitted by Law, including the Australian Consumer Law:

(a) the HM Platform and the HM Platform Content are made available "as is" and HealthMatch makes no warranties or representations about the HM Platform or the HM Platform Content, including but not limited to warranties or representations that they will be accurate, current, reliable, timely, available, complete or of a certain quality, or that any data submitted, uploaded, input into, or otherwise displayed on the HM Platform will not be lost or corrupted, or that the HM Platform is free from defects, bugs, viruses, errors or omissions, or other harmful components, or that the HM Platform will operate in combination with any other hardware, software, system or data;

We make the Platform available "as is". We're not under any obligation to make sure its accurate, virus-free or accessible all the time. So far as the law allows, we're not responsible for any damage or loss that you experience as a result of using our Platform. So be careful!

(b) except to the extent that HealthMatch is directly and solely responsible for such Loss, HealthMatch will not be liable for any direct and indirect Loss – irrespective of the manner in which it occurs – which may be suffered due to: (i) your use of the HM Platform and/or the HM Platform Content; (ii) any inaccessibility or unavailability of the HM Platform or HM Platform Content; (iii) the fact that certain information or materials contained on it (including any HM Platform Content) are incorrect, incomplete or not up-to-date; (iv) any loss or corruption of any data submitted, uploaded, input, or otherwise displayed on the HM Platform by or about you; or (v) the inability of the HM Platform to operate in combination with any other hardware, software, system or data;

(c) HealthMatch does not accept any liability for delays, interruptions, service failures or other problems relating to the HM Platform or the HM Platform Content outside the reasonable control of HealthMatch;

(d) HealthMatch does not accept any liability in relation to any third party content or materials available through the HM Platform; and

(e) all warranties, representations or endorsements, express or implied, with regard to the HM Platform and HM Platform Content, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement are excluded from these Terms.

15.2

Although HealthMatch implements security measures to help protect the HM Platform, you acknowledge that use of the HM Platform involves transmission of data over networks that are not owned, operated or controlled by HealthMatch. HealthMatch is not responsible for any data that is lost, corrupted, intercepted, modified or stored across such networks. You acknowledge and agree that, to the extent permitted by Law (including the Australian Consumer Law, if applicable), HealthMatch cannot guarantee that our security measures will be error-free, that transmissions of data will always be secure or that our security measures (or those of our third party service providers) will always be incapable of being hacked or circumvented by unauthorised third parties.

15.3

Subject to these Terms, HealthMatch will use commercially reasonable efforts to make the HM Platform available, subject to the need to conduct scheduled and emergency maintenance from time to time.

15.4

You acknowledge and agree that HealthMatch cannot guarantee and does not promise any specific results from use of the HM Platform.

16. Indemnity and liability

16.1

You will defend, hold harmless and indemnify HealthMatch and its personnel (Indemnified Parties) from and against any and all Loss suffered or incurred by them arising out of or in connection with:

(a) any data (including personal information) disclosed by you in connection with these Terms; or

(b) a breach by you of these Terms.

If HealthMatch suffers damage or claims relating to your breach of these terms, you will be responsible for our costs.

16.2

You will defend, hold harmless and indemnify HealthMatch and its personnel (Indemnified Parties) from and against any and all Loss suffered or incurred by them arising out of or in connection with:

To the extent allowed by law, we're not liable for any loss that doesn't arise in the ordinary course from the relevant breach, so our liability is limited to resupplying our services to you or the cost of resupplying the services to you (whichever we choose).

16.3

To the maximum extent permitted by Law, including the Australian Consumer Law:

(a) HealthMatch will not be liable for any Consequential Loss; and

(b) HealthMatch's maximum liability arising out of or in connection with these Terms, the HM Platform and the HM Platform Content, whether in contract, tort, breach of warranty or statutory guarantee or otherwise, will be limited at HealthMatch's sole discretion, to:

  1. The resupply of the services to you; or
  2. The payment of the cost of having the services supplied again.

17. Severability

Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

18. No waiver

A failure to exercise or a delay in exercising any right, power or remedy under these Terms does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

19. Entire agreement

These Terms (including our Privacy Policy) contains the entire agreement between you and HealthMatch with respect to its subject matter. It sets out the only conduct, representations, warranties, covenants, conditions, agreements or understandings (collectively, Conduct) relied on by the parties and supersedes all earlier Conduct by or between the parties in connection with its subject matter. Neither party has relied on or is relying on any other Conduct in entering into these Terms and completing the transactions contemplated by it.

These terms (and our Privacy Policy) make up your contract with us.

20. Jurisdiction and governing law

These Terms and your use of the HM Platform and HM Platform Content are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.

The laws of New South Wales apply to this contract. If we end up in court, you agree to submit to the relevant NSW court to resolve the issue.

21. Definitions

Have a read of these. They'll help you understand the rest of the contract.

The following definitions apply unless the context requires otherwise.

Australian Consumer Law means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Confidential Information means all information of a confidential nature, in any form whether tangible or not and whether visible or not, disclosed or communicated by you or HealthMatch, or learnt or accessed by, or to which you or HealthMatch are exposed as a result of entering into these Terms and includes, without limitation, any information or material concerning the contractual or commercial dealings, financial details, products or services (current or proposed), customers, employees, internal policy, the Intellectual Property Rights of you or HealthMatch or dealings under these Terms.

Consequential Loss means:

(a) loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, or loss of business; and

(b) any loss, not arising naturally (that is according to the usual course of things), from the relevant breach, whether or not such loss is reasonably supposed to have been in the contemplation of both parties at the time they agreed to these Terms as the probable result of the relevant breach.

Governmental Agency means any government or any governmental, semi-governmental or judicial entity or authority. It also includes any self-regulatory organisation established under statute or any stock exchange.

HM Platform means the HealthMatch clinical trial matching platform accessible at healthmatch.io.

HM Platform Content has the meaning given in clause 3.

Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semi-conductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in Confidential Information, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

Law means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct, writs, orders, injunctions and judgments.

Loss means any claim, loss liability, cost or expense (including legal expenses on a full indemnity basis).

Privacy Policy means the policy that is available at  healthmatch.io/privacy

Term has the meaning given in clause 5.1.

Trial Provider means a provider of clinical medical trials relevant to your medical condition(s).

User means a person who registers for a HM Platform account.

User Data means, in respect of a User, their contact details, health information and any other information that they provide to HealthMatch through the HM Platform.

22. Interpretation

The following rules apply unless the context requires otherwise:

(a) headings are for convenience only and do not affect interpretation;

(b) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;

(c) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;

(d) a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in visible or tangible form;

(e) a reference to conduct includes an omission, statement or undertaking, whether or not in writing;

(f) a reference to an agreement includes any undertaking, deed, agreement and legally enforceable arrangement, whether or not in writing, and a reference to a document includes an agreement (as so defined) in writing and any certificate, notice, instrument and document of any kind; and

(g) mentioning anything after 'includes', 'including', 'for example', or similar expressions, does not limit what else might be included.